Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF PUBLIC

HEALTH AND HUMAN SERVICES OF THE

STATE OF MONTANA

In the matter of the amendment of ARM 37.111.230 pertaining to trailer courts and tourist campgrounds

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On June 17, 2009, at 3:00 p.m., the Department of Public Health and Human Services will hold a public hearing in the auditorium of the Department of Public Health and Human Services Building, 111 North Sanders, Helena, Montana, to consider the proposed amendment of the above-stated rule.

2. The Department of Public Health and Human Services will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact Department of Public Health and Human Services no later than 5:00 p.m. on June 8, 2009, to advise us of the nature of the accommodation that you need. Please contact Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; telephone (406) 444-4094; fax (406) 444-9744; or e-mail dphhslegal@mt.gov.

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

37.111.230 SERVICE BUILDINGS AND OTHER SERVICE FACILITIES FOR GENERAL SERVICES CAMPGROUNDS (1) A central service building must be provided for each general services campground that has spaces designated for use by ~~trailers~~ dependent recreational vehicles or tents. The central service building must be approved by the building authority and must contain toilets and other plumbing fixtures, as follows:

(a) and (b) remain the same.

(c) The service building must be conveniently located within a radius of 300 feet from all ~~trailer spaces or campsites~~ dependent recreational vehicle or tent sites to be served.

(d) through (2)(c)(ii) remain the same.

AUTH: 50-52-102, MCA

IMP: 50-52-102, MCA

4. The Department of Public Health and Human Services (department) proposes to amend in ARM 37.111.230(1) that the term "trailers" be replaced with "dependent recreational vehicles". In ARM 37.111.230(1)(c) the department proposes that the terms "trailer spaces or campsites" be replaced with "dependent recreational vehicles or tent sites".

The current rule requires general services campgrounds to provide service buildings with showers, toilets, and hand washing sinks within 300 feet of every campsite, even if individual hookups to water and sewer are provided at the site. The change would eliminate the need for general services campground to provide a general service building for independent recreational vehicle sites. By definition, an independent recreational vehicle has a toilet, sink, bathing facilities, and a waste holding tank. As amended, the rule still requires general services to be provided within a reasonable distance to campers without showers, toilets, or hand washing sinks at the campsite.

The existing rule requires a duplication of services to campers who travel in a self-contained independent recreational vehicle. When a recreational vehicle has a toilet, sink, and bathing facilities, it is an unreasonable cost to the campground owner to have to provide these services within 300 feet. The proposed changes offer means for accessibility to toilets, hand washing sinks, and bathing facilities, without unnecessary cost and maintenance to the campground owner.

The department considered leaving the rule as currently written, but this adds an additional cost and decrease in aesthetic value to campgrounds under development or renovation. Many campers in self-contained recreational vehicles generally prefer to stay overnight at a site as far away as possible from public restrooms and showers. As is, the campground owner is required to provide redundant services.

The department considered removing the requirement to provide showers, toilets, and hand washing sinks for general services campgrounds. When these basic services are not available within a comfortable walking distance, campers are prone to discharging waste on the ground, creating a nuisance and risk to public health. Provisions for basic sanitation are necessary for public health protection.

The authority for the department to adopt rules for constructing and operating campgrounds, trailer courts, work camps, and youth camps to protect the public health and safety is in 50-52-102, MCA.

5. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Rhonda Lesofski, Department of Public Health and Human Services, Office of Legal Affairs, P.O. Box 4210, Helena, Montana, 59604-4210; fax (406) 444-9744; or e-mail dphhslegal@mt.gov, and must be received no later than 5:00 p.m., June 25, 2009.

6. The Office of Legal Affairs, Department of Public Health and Human Services, has been designated to preside over and conduct this hearing.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

/s/ Shannon McDonald /s/ Anna Whiting Sorrell

Rule Reviewer Anna Whiting Sorrell, Director

Public Health and Human Services

Certified to the Secretary of State May 18, 2009.